Pete Hegseth, President-elect Donald Trump's nominee for defense secretary, has become the "biggest casualty" of a new agreement between Trump’s transition team and the Department of Justice (DOJ), according to legal analyst Harry Litman.
On Tuesday, Trump’s team announced it had signed a memorandum of understanding (MOU) with President Joe Biden’s DOJ, allowing the FBI to conduct background checks on Cabinet nominees before their Senate confirmations. This move marks a departure from the transition team’s earlier suggestion of bypassing the FBI in favor of a private vetting process—a plan that would have broken long-standing precedent. Trump has frequently accused the FBI of being "weaponized" against him.
Litman, a former federal prosecutor, argued that this agreement jeopardizes Hegseth’s chances of confirmation. He speculated that Hegseth might not survive the scrutiny of an FBI background check. "Biggest casualty of agreement between Trump and DOJ/FBI for background checks is Hegseth, who senators can more or less insist go through the background investigation and don't see how he survives it," Litman wrote on X, formerly known as Twitter.
Hegseth is one of Trump’s more controversial Cabinet picks, and even if he passes the FBI’s vetting process, his confirmation in the Senate is far from guaranteed. Critics have questioned his qualifications to lead the Department of Defense, cited allegations of inappropriate behavior while on duty, and raised concerns about his connections to right-wing nationalist groups, reportedly evidenced by controversial tattoos.
While the Republican Party is set to hold a 53-47 Senate majority, Hegseth’s confirmation could be derailed by allegations of sexual assault. A woman accused him of assaulting her after a California Federation of Republican Women convention in October 2017. Senator Lindsey Graham, a Republican from South Carolina, called the allegations "disturbing" and suggested they could pose a significant obstacle to confirmation, though he emphasized Hegseth has a right to defend himself.
In light of the mounting controversy, *The Wall Street Journal* reported that Trump might abandon Hegseth’s nomination and instead tap Florida Governor Ron DeSantis for the position. However, Trump’s transition team has publicly reiterated its support for Hegseth. A spokesperson told *Newsweek* that the president-elect "stands firmly behind Pete as his Secretary of Defense nominee, recognizing his service to our nation and his dedication to putting America First."
Despite the public show of confidence, online betting markets reflect growing skepticism about Hegseth's prospects. Polymarket listed his chances of confirmation at just 12%, compared to 39% for DeSantis and 20% for Iowa Senator Joni Ernst.
Trump’s chief of staff, Susie Wiles, emphasized that the MOU with the DOJ would help ensure Trump’s administration is ready to implement its agenda on "Day 1." However, claims of overwhelming voter support for Trump’s platform have been challenged, with just under half of voters casting ballots for him in the recent election. While Trump won the popular vote for the first time, his margin of victory—approximately 2.3 million votes over Vice President Kamala Harris—was the narrowest in a presidential race since 2004.
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